Calling all ESA Appeals Experts! Failed medical

70sfreak

Hello everyone
I have MS(18 years) and claiming ESA.
I have just found out I failed the ESA medical.:mad:

The form took me ages to complete and I hated every second of filling it in (it took me about 5 weeks of stress and worry)
Because I was so sick of the subject, I didn't realise I could have prepared better for the Medical and I completely messed up.
I was scored 0 points (sounds like somethng from Eurovision ong contest, I know, but moe depressing)
But I do have several severe physial problems - (walking being the worst of my symtoms).
Does anyone know how long the Appeal process takes and how best to start it?

I am also a lone parent, so I also have the option of signing onto Income Support if necessary (my daughter is 6 next month, so that will take me up to her 7th birthday.

Does anyone know what would happen if I were to claim ESA in the future if I didn't go ahead with the Appeal at the moment?
A break from the stress of all this would be most welcome if I felt I wouldn't be punished for it at a later stage

Many thanks

70sfreak:eek:

NASA_2

You can start the appeals process by writing a letter saying that you want to appeal, what you want to appeal against and why you want to appeal. You can also get form GL24 (http://www.dwp.gov.uk/docs/gl24dwp.pdf) which I would advise as it sets out the format and asks all relevant questions.

If you dont appeal you will need to wait six months before making a new claim to ESA. There are circumstances where you can claim within six months ie. deterioration of an existing condition or on a new condition entirely. After the six months you can claim again and the process will repeat itself.

If you appeal you will be paid at the rate of £64.30 on ESA or the same rate of IS if you dont.

From what I have heard, and its nothing like 100% confirmed, a lot of appeals are failing. I've no idea what the majority of appeals are against though. There have been some ludicrous ones so far.

healy

NASA has covered your questions, I would just add that if you do appeal it would be a good idea to get the help of a Welfare Rights Officer, these can be found at the CAB, Local Council and disability organisations such as DIAL.

This will increase your chances of success and take some of the strain off you.

Appeals usually take between 3 and 6 months.

70sfreak

Thanks NASA. Very helpful.
I have heard that as it's a new process there are a lot of people failing them.
I really did not think the doctor who conducted my medical gave me fair treatment. I felt like I was being tricked all the time and not being listened to when I said something (being told "we would come onto that later" but we never did!!)
By the end of it I felt completely bamboozled and dying to get out of the place.
The doctor was looking at a computer screen for most of the time and probably just box-ticking and hoping to get his £....... payment for failing me (or providing info so I'd fail ......)
He even commented on how he'd noticed my bad walking and balance. Ahhhh............
I could go on.

I really do feel that these doctors are horrid and there to make people feel so terrible about themelves they get themselves a job. No matter what.

I know this is me just ranting, but does anyone else feel like this?


I am from a professional background and I have ironically trained unemployed people in the past, and am horrified by my treatment on benefis.

70s freak

70sfreak

Thanks Healy for letting me know how long an Appeal takes
70sfreak

healy

70sfreak wrote: »

Thanks NASA. Very helpful.
I have heard that as it's a new process there are a lot of people failing them.
I really did not think the doctor who conducted my medical gave me fair treatment. I felt like I was being tricked all the time and not being listened to when I said something (being told "we would come onto that later" but we never did!!)
By the end of it I felt completely bamboozled and dying to get out of the place.
The doctor was looking at a computer screen for most of the time and probably just box-ticking and hoping to get his £....... payment for failing me (or providing info so I'd fail ......)
He even commented on how he'd noticed my bad walking and balance. Ahhhh............
I could go on.

I really do feel that these doctors are horrid and there to make people feel so terrible about themelves they get themselves a job. No matter what.

I know this is me just ranting, but does anyone else feel like this?


I am from a professional background and I have ironically trained unemployed people in the past, and am horrified by my treatment on benefis.

70s freak

The Doctors/Nurses do not get paid for failing people, they get a flat rate fee per medical whether the claimant passes or fails.

bitsandpieces

Medical doctors in Britain are regulated by the GMC. If the doctor in this case has not followed good practice, you can complain to the GMC http://www.gmc-uk.org/concerns/complaints_and_role_of_the_gmc/index.asp

Marcusbear

Hi there 70sfreak, I am in eactly the same situation as you are in/were in, I have MS and have just failed the ESA medical. I also feel that the doctor who conducted the medical was not really listening to what I said to her, I think she totally missed the bit I said about "today being a good day" in terms of my walking and general mobility, now I'm unsure of what to do. Oh and I also get the highest rate of DLA, so do you have any advice?

Marcusbear

70sfreak

Hello Macus
I put a thread on the disabled forum and was advised to do the following:
Advise the DSS I am Appealling
Get them to send a copy of the doctor's report
Download a copy of the document which tells you how you can get points from the medical (apparently the 15 points you need to get a medical can be obtained from just one of the questions if necessary ie walking.)
Write down what points you disagree with and why.
Get professionals/friends to back up your claim
I will say how I was not allowed to go into detail when I attempted to and that I found the doctor 's manner domineering and unsettling, that I was being tricked somehow, that I did not feel he was always telling me the truth, which caused me immense stress and anxiety, which must have contributed to me failing. (tricky area I know, and I wouldn;t necessary phrase it exactly like that, but you get my drift)
I've been told The Appeal process can take up to 6 months.
I don't know what happens about the Tribunal and when/why that would occur - does anyone else know please??
If you look at my thread "calling all esa/dla experts- failed medical" all links are there

Good luck!

70sfreak

cit_k

70sfreak wrote: »

Thanks NASA. Very helpful.
I have heard that as it's a new process there are a lot of people failing them.
I really did not think the doctor who conducted my medical gave me fair treatment. I felt like I was being tricked all the time and not being listened to when I said something (being told "we would come onto that later" but we never did!!)
By the end of it I felt completely bamboozled and dying to get out of the place.
The doctor was looking at a computer screen for most of the time and probably just box-ticking and hoping to get his £....... payment for failing me (or providing info so I'd fail ......)
He even commented on how he'd noticed my bad walking and balance. Ahhhh............
I could go on.

I really do feel that these doctors are horrid and there to make people feel so terrible about themelves they get themselves a job. No matter what.

I know this is me just ranting, but does anyone else feel like this?


I am from a professional background and I have ironically trained unemployed people in the past, and am horrified by my treatment on benefis.

70s freak

Sounds like how ATOS usually conduct a medical, at least in my experience.

cit_k

healy wrote: »

The Doctors/Nurses do not get paid for failing people, they get a flat rate fee per medical whether the claimant passes or fails.

But on the other hand, the DWP are hardly likely to renew the contract with ATOS if the government targets of so many failing are not met....